Badger Lawyer's Crimes Against Children Listing

Click on a crime to see the statute and any comments the Badger might have.

948.02. Sexual assault of a child
948.025. Engaging in repeated acts of sexual assault of the same child
948.03. Physical abuse of a child
948.04. Causing mental harm to a child
948.05. Sexual exploitation of a child
948.051. Trafficking of a child
948.055. Causing a child to view or listen to sexual activity
948.06. Incest with a child
948.07. Child enticement
948.075. Use of a computer to facilitate a child sex crime
948.08. Soliciting a child for prostitution
948.085. Sexual assault of a child placed in substitute care
948.09. Sexual intercourse with a child age 16 or older
948.095. Sexual assault of a child by a school staff person or a person who works or volunteers with children
948.10. Exposing genitals or pubic area
948.11. Exposing a child to harmful material or harmful descriptions or narrations
948.12. Possession of child pornography
948.13. Child sex offender working with children
948.14. Registered sex offender and photographing minors
948.20. Abandonment of a child
948.21. Neglecting a child
948.22. Failure to support
948.23. Concealing death of child
948.24. Unauthorized placement for adoption
948.30. Abduction of another's child; constructive custody
948.31. Interference with custody by parent or others
948.40. Contributing to the delinquency of a child
948.45. Contributing to truancy
948.50. Strip search by school employee
948.51. Hazing
948.53. Child unattended in child care vehicle
948.55. Leaving or storing a loaded firearm within the reach or easy access of a child
948.60. Possession of a dangerous weapon by a person under 18
948.605. Gun-free school zones
948.61. Dangerous weapons other than firearms on school premises
948.62. Receiving stolen property from a child
948.63. Receiving property from a child
948.70. Tattooing of children

948.02. Sexual assault of a child

First degree sexual assault.

Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years and causes great bodily harm to the person is guilty of a Class A felony.

Whoever has sexual intercourse with a person who has not attained the age of 12 years is guilty of a Class B felony.

Whoever has sexual intercourse with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony.

Whoever has sexual contact with a person who has not attained the age of 16 years by use or threat of force or violence is guilty of a Class B felony if the actor is at least 18 years of age when the sexual contact occurs.

Whoever has sexual contact with a person who has not attained the age of 13 years is guilty of a Class B felony.

Second degree sexual assault.
Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony.

Failure to act.
A person responsible for the welfare of a child who has not attained the age of 16 years is guilty of a Class F felony if that person has knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with the child, is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk that intercourse or contact may occur between the child and the other person or facilitates the intercourse or contact that does occur between the child and the other person.

948.025. Engaging in repeated acts of sexual assault of the same child

Whoever commits 3 or more violations under s. 948.02 within a specified period of time involving the same child is guilty of a Class A, B, or C depending on the nature of the violations.

948.03. Physical abuse of a child

Intentional causation of bodily harm.

(a) Whoever intentionally causes great bodily harm to a child is guilty of a Class C felony.

(b) Whoever intentionally causes bodily harm to a child is guilty of a Class H felony.

(c) Whoever intentionally causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class F felony.

Reckless causation of bodily harm.

(a) Whoever recklessly causes great bodily harm to a child is guilty of a Class G felony.

(b) Whoever recklessly causes bodily harm to a child is guilty of a Class I felony.

(c) Whoever recklessly causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class H felony.

Failing to act to prevent bodily harm. A person responsible for the child's welfare is guilty of a Class F felony if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused great bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of great bodily harm by the other person or facilitates the great bodily harm to the child that is caused by the other person.

This section is a Class H felony is te harm is bodily harm, instead of great bodily harm.

948.04. Causing mental harm to a child

Whoever is exercising temporary or permanent control of a child and causes mental harm to that child by conduct which demonstrates substantial disregard for the mental well-being of the child is guilty of a Class F felony.

A person responsible for the child's welfare is guilty of a Class F felony if that person has knowledge that another person has caused, is causing or will cause mental harm to that child, is physically and emotionally capable of taking action which will prevent the harm, fails to take that action and the failure to act exposes the child to an unreasonable risk of mental harm by the other person or facilitates the mental harm to the child that is caused by the other person.

948.05. Sexual exploitation of a child

Whoever does any of the following with knowledge of the character and content of the sexually explicit conduct involving the child is guilty of a Class C or F felony, depending on whether the accused in under 18 at the time of the offense:

Employs, uses, persuades, induces, entices, or coerces any child to engage in sexually explicit conduct for the purpose of recording or displaying in any way the conduct.

Records or displays in any way a child engaged in sexually explicit conduct.

Produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any recording of a child engaging in sexually explicit conduct.

While responsible for a child's welfare, permits, allows or encourages the child to engage in sexually explicit conduct.

It is an affirmative defense to prosecution if the defendant had reasonable cause to believe that the child had attained the age of 18 years.

948.051. Trafficking of a child

Whoever knowingly recruits, entices, provides, obtains, or harbors any child for the purpose of commercial sex acts or sexually explicit performance is guilty of a Class C felony.

Whoever benefits in any manner from a violation of this section is guilty of a Class C felony if the person knows that the benefits come therefrom.

948.055. Causing a child to view or listen to sexual activity

Whoever intentionally causes a child who has not attained 18 years of age to view or listen to sexually explicit conduct is guilty of a Class F felony if the child has not attained the age of 13 years and a Class H felony if the child has attained the age of 13 years but has not attained the age of 18 years, and if the viewing or listening is for the purpose of sexually arousing or gratifying the actor or humiliating or degrading the child.

948.06. Incest with a child

Whoever does any of the following is guilty of a Class C felony:

• Marries or has sexual intercourse or sexual contact with a child he or she knows is related, either by blood or adoption, and the child is related in a degree of kinship closer than 2nd cousin.

• Has sexual contact or sexual intercourse with a child if the actor is the child's stepparent.

• Is a person responsible for the child's welfare, knows someone else is victimizing the child under this statute, and does not take action to prevent it.

948.07. Child enticement

Whoever, with intent to commit any of the following acts, causes or attempts to cause any child who has not attained the age of 18 years to go into any vehicle, building, room or secluded place is guilty of a Class D felony:

(1) Having sexual contact or sexual intercourse with the child.
(2) Causing the child to engage in prostitution.
(3) Exposing a sex organ to the child or causing the child to expose a sex organ.
(4) Recording the child engaging in sexually explicit conduct.
(5) Causing bodily or mental harm to the child.
(6) Giving or selling to the child a controlled substance.

948.075. Use of a computer to facilitate a child sex crime

Whoever uses a computerized communication system to communicate with an individual who the actor believes or has reason to believe has not attained the age of 16 years with intent to have sexual contact or sexual intercourse with the is guilty of a Class C felony.

948.08. Soliciting a child for prostitution

Whoever intentionally solicits or causes any child to engage in an act of prostitution or establishes any child in a place of prostitution is guilty of a Class D felony.

948.085. Sexual assault of a child placed in substitute care

Whoever does any of the following is guilty of a Class C felony:

(1) Has sexual contact or sexual intercourse with a child for whom the actor is a foster parent or treatment foster parent.

(2) Has sexual contact or sexual intercourse with a child who is placed in a shelter or group home if the actor works or volunteers at the facility or is directly or indirectly responsible for managing it.

948.09. Sexual intercourse with a child age 16 or older

Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor.

948.095. Sexual assault of a child by a school staff person or a person who works or volunteers with children

The following are Class H felonies:

Having sexual contact or sexual intercourse with a child who has attained the age of 16 years and who is not the defendant's spouse is guilty of a Class H felony if the accused is a staff member at the school attended by the child.

A person who has attained the age of 21 years and who engages in an occupation or participates in a volunteer position that requires him or her to work or interact directly with children may not have sexual contact or sexual intercourse with a child who has attained the age of 16 years, who is not the person's spouse, and with whom the person works or interacts through that occupation or volunteer position.

948.10. Exposing genitals or pubic area

Whoever, for purposes of sexual arousal or sexual gratification, causes a child to expose genitals or pubic area or exposes genitals or pubic area to a child is guilty of a Class A misdemeanor.

948.11. Exposing a child to harmful material or harmful descriptions or narrations

Whoever sells, rents, exhibits, plays, distributes, verbally communicates, possesses with intent, or loans to a child any harmful [sexually explicit] material, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:

1. The person knows or reasonably should know that the child has not attained the age of 18 years.

2. The person has face-to-face contact with the child before or during the sale, rental, exhibit, playing, distribution, or loan.

948.12. Possession of child pornography

Whoever possesses any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct, or who exhibits or plays a recording of a child engaged in sexually explicit conduct under all of the following circumstances is guilty of a Class D felony:

(a) The person knows that he or she possesses the material.

(b) The person knows the character and content of the sexually explicit conduct in the material.

(c) The person knows or reasonably should know that the child engaged in sexually explicit conduct has not attained the age of 18 years.

A person who violates this section but is under 18 is guilty of a Class I felony.

948.13. Child sex offender working with children

Whoever has been convicted of a serious child sex offense and subsequently engages in an occupation or participates in a volunteer position that requires him or her to work or interact primarily and directly with children under 16 years of age is guilty of a Class F felony.

948.14. Registered sex offender and photographing minors

A sex offender may not intentionally capture a representation of any minor without the written consent of the minor's parent, legal custodian, or guardian. The written consent required under this paragraph shall state that the person seeking the consent is required to register as a sex offender with the department of corrections.

This does not apply to a sex offender who is capturing a representation of a minor if the sex offender is the minor's parent, legal custodian, or guardian.

Whoever violates this law is guilty of a Class I felony.

948.20. Abandonment of a child

Whoever, with intent to abandon the child, leaves any child in a place where the child may suffer because of neglect is guilty of a Class G felony.

948.21. Neglecting a child

Any person who is responsible for a child's welfare who, through his or her actions or failure to take action, intentionally contributes to the neglect of the child is guilty of a Class A misdemeanor or a Class H, F or D felony, depending on the harm to the child.

948.22. Failure to support

Any person who intentionally fails for 120 or more consecutive days to provide spousal, grandchild or child support which the person knows or reasonably should know the person is legally obligated to provide is guilty of a Class I felony.

Any person who intentionally fails for less than 120 consecutive days to provide spousal, grandchild or child support which the person knows or reasonably should know the person is legally obligated to provide is guilty of a Class A misdemeanor.

948.23. Concealing death of child

Any person who conceals the corpse of any issue of a woman's body with intent to prevent a determination of whether it was born dead or alive is guilty of a Class I felony.

948.24. Unauthorized placement for adoption

Whoever does any of the following is guilty of a Class H felony:

(a) Places or agrees to place his or her child for adoption for anything exceeding the actual cost.

(b) For anything of value, solicits, negotiates or arranges the placement of a child for adoption.

(c) In order to receive a child for adoption, gives anything exceeding the actual cost of the legal and other services-rendered in connection with the adoption.

948.30. Abduction of another's child; constructive custody

Any person who, for any unlawful purpose, does any of the following is guilty of a Class E felony:

(a) Takes a child who is not his or her own by birth or adoption from the child's home or the custody of his or her parent, guardian or legal custodian.

(b) Detains a child who is not his or her own by birth or adoption when the child is away from home or the custody of his or her parent, guardian or legal custodian.

Any person who, for any unlawful purpose, does any of the following is guilty of a Class C felony:

(a) By force or threat of imminent force, takes a child who is not his or her own by birth or adoption from the child's home or the custody of his or her parent, guardian or legal custodian.

(b) By force or threat of imminent force, detains a child who is not his or her own by birth or adoption when the child is away from home or the custody of his or her parent, guardian or legal custodian.

948.31. Interference with custody by parent or others

Whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class F felony.

Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours from the child's parents or, in the case of a nonmarital child whose parents do not subsequently intermarry, from the child's mother or, if he has been granted legal custody, the child's father, without the consent of the parents, the mother or the father with legal custody, is guilty of a Class I felony. This subsection is not applicable if legal custody has been granted by court order to the person taking or withholding the child.

Any parent, or any person acting pursuant to directions from the parent, who does any of the following is guilty of a Class F felony:

(a) Intentionally conceals a child from the child's other parent.

(b) After being served with process in an action affecting the family but prior to the issuance of a temporary or final order determining child custody rights, takes the child or causes the child to leave with intent to deprive the other parent of physical custody.

(c) After issuance of a temporary or final order specifying joint legal custody rights and periods of physical placement, takes a child from or causes a child to leave the other parent in violation of the order or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period.

It is an affirmative defense to prosecution for violation of this section if the action:

1. Is taken by a parent or by a person authorized by a parent to protect his or her child in a situation in which the parent or authorized person reasonably believes that there is a threat of physical harm or sexual assault to the child;

2. Is taken by a parent fleeing in a situation in which the parent reasonably believes that there is a threat of physical harm or sexual assault to himself or herself;

3. Is consented to by the other parent or any other person or agency having legal custody of the child; or

4. Is otherwise authorized by law.

A defendant who raises an affirmative defense has the burden of proving the defense by a preponderance of the evidence.

948.40. Contributing to the delinquency of a child

No person may intentionally encourage or contribute to the delinquency of a child.

No person responsible for the child's welfare may, by disregard of the welfare of the child, contribute to the delinquency of the child.

Under this section, a person can be found guilty even though the child does not actually become delinquent, if the natural and probable consequences of the person's actions or failure to take action would be to cause the child to become delinquent.

A person who violates this section is guilty of a Class A misdemeanor, except if death is a consequence, the person is guilty of a Class D felony; or if the child's act which is encouraged or contributed to is a violation of a state or federal criminal law which is punishable as a felony, the person is guilty of a Class H felony.

948.45. Contributing to truancy

Any person 17 years of age or older who knowingly encourages or contributes to the truancy of a person 17 years of age or under is guilty of a Class C misdemeanor.

948.50. Strip search by school employee

The legislature intends, by enacting this section, to protect pupils from being strip searched. By limiting the coverage of this section, the legislature is not condoning the use of strip searches under other circumstances.

Any official, employee or agent of any school or school district who conducts a strip search of any pupil is guilty of a Class B misdemeanor.

948.51. Hazing

No person may engage in acts which endanger the physical health or safety of a student for the purpose of initiation into any organization operating in connection with a school, college or university.

Whoever violates this section is guilty of a Class A misdemeanor if the act results in or is likely to result in bodily harm to another, a,Class H felony if the act results in great bodily harm to another, or a Class G felony if the act results in the death of another.

948.53. Child unattended in child care vehicle

No person responsible for a child's welfare while the child is being transported in a child care vehicle may leave the child unattended at any time from the time the child is placed in the care of that person to the time the child is placed in the care of another person responsible for the child's welfare.

Any person who violates this section is guilty of one of a Class A misdemeanor, a Class I felony if bodily harm is a consequence, a Class H felony if great bodily harm is a consequence, or a Class G felony if death is a consequence.

948.55. Leaving or storing a loaded firearm within the reach or easy access of a child

Whoever recklessly stores or leaves a loaded firearm within the reach or easy access of a child is guilty of a Class A misdemeanor if a child obtains the firearm, discharges the firearm, and the discharge causes bodily harm or death to himself, herself or another.

Whoever recklessly stores or leaves a loaded firearm within the reach or easy access of a child is guilty of a Class C misdemeanor if a child obtains the firearm and possesses or exhibits the firearm in a public place.

948.60. Possession of a dangerous weapon by a person under 18

Any person under 18 years of age who possesses or goes armed with a dangerous weapon is guilty of a Class A misdemeanor.

Any person who intentionally sells, loans or gives a dangerous weapon to a person under 18 years of age is guilty of a Class I felony.Whoever violates this section is guilty of a Class H felony if the person under 18 years of age discharges the firearm and the discharge causes death to himself, herself or another.

948.605. Gun-free school zones

Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is guilty of a Class I felony.

948.61. Dangerous weapons other than firearms on school premises

Any person who knowingly possesses or goes armed with a dangerous weapon on school premises is guilty of a Class A misdemeanor or a Class I felony, if the violation is the person's 2nd or subsequent violation of this section within a 5-year period, as measured from the dates the violations occurred.

948.62. Receiving stolen property from a child

Whoever intentionally receives stolen property from a child or conceals stolen property received from a child is guilty of a Class A misdemeanor, if the value of the property does not exceed $500; a Class I felony, if the value of the property exceeds $500 but does not exceed $2,500; a Class H felony, if the value of the property exceeds $2,500 but does not exceed $5,000; a Class G felony, if the value of the property exceeds $5,000.

948.63. Receiving property from a child

Whoever does either of the following is guilty of a Class A misdemeanor:

As a dealer in secondhand articles or jewelry or junk, purchases any personal property, except old rags and waste paper, from any child, without the written consent of his or her parent or guardian; or

As a pawnbroker or other person who loans money and takes personal property as security therefor, receives personal property as security for a loan from any child without the written consent of his or her parent or guardian.

948.70. Tattooing of children

Any person who tattoos or offers to tattoo a child is subject to a Class D forfeiture.